Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

Karnataka PSC
the table specifically provides that a candidate who is in the service of Government and draws a salary
which is not less than that of a Group-B Officer (pay scale of Rs.6000-11200) is governed by Clause-
2 of the Note, in that Creamy Layer Policy applies to him. Once the Creamy Layer Policy is made
applicable to an Assistant Engineer Group-B Officer in the pay scale of Rs.6000-11200 he is not
eligible to claim reservation under Categories 2A, 2B, 3A and 3B. In that view of the matter, the
classification of vacancies and the reservation of posts in respect of in-service candidates issued by
the KPSC is contrary to Note in Annexure-II to the Government Order dated 30.3.2002. As such,
the reservation made is to be held as invalid and contrary to the mandate of Article 16(4) of the
Constitution of India. As a consequence, the two Notifications issued by the KPSC and the further
selection process conducted by the KPSC is liable to be declared as illegal.
5.4 The discrimination made in the 2007 Rules is writ large. The concept of “in-service candidate”
would normally mean a person who is working as an Official after completion of the period of probation
as prescribed in the Karnataka Civil Services (Probation) Rules, 1977 and not a new entrant to the
service and put in less than one month of service to compete for the competitive examination. As a
matter of fact, the KPSC had issued a Notification dated 18.11.2006 to fill up vacant posts of Section
Officers (in-service) in the Karnataka Government Secretariat by competitive examination. Clause
1(a) of the Notification specifically states that candidates who have put in 5 years of service (excluding
the period of probation) are eligible to apply for in-service category. Similarly, in case of recruitment to
the posts of Police Sub-Inspectors (Wireless) including in-service candidates, the eligibility qualification
for an in-service candidate is minimum service of 8 years in any wing of the Police Department.
5.5 There are two Departments known as PWD and Water Resources Department (for short,
“WRD”) and they have got separate recruitment rules. Recruitment to the posts of AEEs in the Irrigation
Department (WRD) is governed by the Rules called the Karnataka Public Works (Irrigation Service)
(Recruitment of Assistant Executive Engineers Division-I by Competitive Examination) Rules, 1988
(for short, “1988 Rules”). In the Notifications issued by the KPSC, it has been specifically stated in
Clause 10.2 that in-service candidates must be working in PWD. Therefore, it is only the in-service
candidates belonging to PWD who could have applied against the 20 posts reserved for in-service
candidates and permitted to take the competitive examination. Despite the same, the KPSC entertained
the applications submitted by Respondents No.3 to 8, who are working in the WRD and also permitted
them to appear for the competitive examination conducted by it and what is more they have been
517